The Indian government on Sunday declared its opposition to same-sex marriage in a Supreme Court case that involves the legal challenges of four same-sex couples.
In 2018, India’s Supreme Court permitted sexual activity among gay couples without criminal liability, effectively decriminalizing homosexuality in the country. It also allowed “unregistered cohabitation” among same-sex individuals. However, the government’s Ministry of Law argued in a Sunday filing that marriage cannot be redefined because of its importance for religion and the family structure.
“The nature of marriage is different,” the filing, obtained by Live Law, read. The Supreme Court should therefore not “change the entire legislative policy of the country deeply embedded in religious and societal norms.”
The traditional marriage union creates a foundation for children who are reared by the husband as a father and the wife as a mother, which same-sex marriage cannot replace, the government, which is led by Prime Minister Narendra Modi, added.
“Seeking declaration for solemnization/registration of marriage has more ramifications than simple legal recognition. Family issues are far beyond mere recognition and registration of marriage between persons belonging to the same gender,” it wrote.
Uday Raj Anand, a gay petitioner in the case who wants to marry his partner, told Reuters that “they can’t do so many things in the process of living together and building a life together” without the legalization of same-sex marriage.
The government maintained that heterosexual and homosexual relationships are distinct classes “that cannot be treated identically.” Therefore, the special status granted to traditional marriage “cannot be misconstrued as a discrimination against same-sex couples…or as privilege of heterosexuality,” the ministry noted. Heterosexual marriage is honored, for example, while mere heterosexual live-in relationships are not.
“It is submitted at that there can be no fundamental right for recognition of a particular form of a social relationship,” the government said.
India’s Supreme Court on Monday referred the case to a five-judge bench which will hear final arguments on April 18.
“We are of the considered view that it would be appropriate that the issues raised are resolved by a bench of five judges of this court,” Chief Justice of India D.Y. Chandrachud said while delivering the order, according to Devdiscourse.
India’s Solicitor General Tushar Mehta, representing the government, said the issue is so monumental that parliament should ultimately address it.
“When the question of granting recognition, legal sanction to a relationship is concerned, that is essentially a function of the legislature and for more than one reason,” he told the court.
Other Asian countries in recent months have liberalized their stances on gay relations, with Singapore and Sri Lanka revoking their own versions of a law that criminalized homosexuality.